Terms & Conditions

Rental Management Tool Made for Hosts

EFFECTIVE DATE OF THESE TERMS AND CONDITIONS: NOVEMBER 29, 2022

LATEST UPDATE TO THESE TERMS AND CONDITIONS: NOVEMBER 30, 2022

Host Management (hereinafter referred to as “Host”), a company based in California, owns and manages the web application, mobile application and/or application on other platforms and devices named and known as Host Management as well as the website https://hostmanagement.app/ (collectively referred to as the “Application”). The Application is proprietary to and exclusively owned by Host.

1. INTRODUCTION

The Application empowers property owners and owners of vacation homes and rentals by providing a resource to navigate booking, communicate with team members, assign tasks to team members and instantly transfer payments to such team members, thereby allowing property owners to focus on offering service to their guests.

The Application offers and provides a software offering a wide array of services intended to assist with the management of vacation rental businesses, and properties. Using the Application, property owners may coordinate, manage, schedule, oversee and pay the team members assigned to one (1) or more properties. As such, the Application allows property owners to: (i) manage their team members’ schedules, (ii) assign a team member to perform a specific task, such as cleaning, (iii) oversee the team member’s execution of such task, (iv) manage inventory, (v) communicate with team members, and (vi) effectively compensate the team members. 

The Application has been developed in accordance with Native iOS Technology. The Application shall be available for download on the App Store and the Google Play Store. 

2. BACKGROUND AND DEFINITIONS

The present Terms and Conditions shall set forth the terms upon which Host shall offer and provide the Application, rendering it available to property owners and team members throughout the world. The present Terms and Conditions shall govern the terms upon which property owners and team members may use the software offered through the Application and upon which property owners may use the Application to benefit from the services offered thereon. 

Prior to using the Application, all users of the Application shall agree to the present Terms and Conditions, in full. If any user of the Application does not agree with these Terms and Conditions, such user’s sole recourse shall be to refrain from using the Application. 

The following terms, when used in these Terms and Conditions shall have the meanings set forth below, unless the context requires otherwise:

“Property” shall refer to the vacation home, real estate or other property owned by the Property Owner and for which the Property Owner shall assign cleaning and other tasks to one (1) or more Team Members.

“Property Owner” shall refer to the business, company or individual that owns and manages the Property.

“Services” shall refer to the services offered by Host on the Application. The Services shall allow Property Owner to, without limitation, (i) communicate with Team Members, (ii) compensate and pay Team Members, (iii) assign Tasks to one (1) or more Team Members, (iv) manage Team Members’ schedules, (v) manage inventory and products required for purposes of the Property and (vi) oversee the execution of Tasks by Team Members with regard to one (1) or more Properties.

“Tasks” shall refer to any specific tasks with regard to the Property, such as cleaning services, requested by the Property Owner through the Application. The execution of the Tasks may be requested by the Property Owner upon following to the instructions detailed on the Application and for the purpose of obtaining the execution of such Task by a qualified Team Member.

“Team Member” shall refer to any employees, consultants, contractors or other workers engaged by the Property Owner to perform and execute Tasks with respect to one (1) or more Properties.

“Terms and Conditions” shall refer to the latest version of the present Terms and Conditions and shall include any amendments and updates made thereto. For reference purposes, the published Terms and Conditions shall indicate the date of the latest update made thereto.

“Users” shall refer to all users of the Application, including both Property Owners and Team Members. The term “User” shall refer to any individual user of the Application, irrespective of whether the user is a Property Owner or Team Member.

3. APPLICATION

The present Terms and Conditions shall govern Users’ usage of the Application and the provision of Services on the Application. The present Terms and Conditions apply to all Users, both Property Owners and Team Members, who download and/or otherwise use the Application, benefit from the Services and/or otherwise perform Tasks in connection with a Property. The present Terms and Conditions shall further set forth Host’s limited liability, disclaimers and limited warranties. 

The present Terms and Conditions shall be applicable and binding to every User upon the initial download and usage of the Application. By using the Application, accessing the Services or otherwise engaging with the Application in any way, Users agree to be bound by these Terms and Conditions, in full, as though Users manually signed these Terms and Conditions. 

These Terms and Conditions shall form a binding agreement between the User and Host. Host shall not be bound by any terms or policies, except for the present Terms and Conditions and any policies explicitly referenced herein. These Terms and Conditions shall encompass any other policies established by Host, such as the Application’s Privacy Policy, which shall be deemed incorporated in these Terms Conditions by reference. Users acknowledge that Host may update these Terms and Conditions at any time, at Host’s discretion.

4. USER REPRESENTATIONS

To be eligible to use the Application and benefit from the Services, every User hereby represents and warrants to Host as follows:

(i) The User is of or over the age of majority in the User’s country of residence. 

(ii) The User shall use the Application and the Services in accordance with all applicable government orders, laws and regulations.

(iii) The User is not subject to any restrictions, limitations, suspensions, judgments or orders that would prevent the User from using the Application and/or obtaining the Services offered on the Application.

5. PROPERTY OWNERS

The Services offered on the Application relate to the management, overseeing, and payment of Team Members by a Property Owner. The Application thereby provides a software, whereby Property Owners may, without limitation, chat with Team Members, assign Tasks, compensate Team Members, report any Tasks or relevant information relating to a Property, track the performance of Tasks, manage inventory, establish a schedule for Team Members with respect to the execution of Tasks and effectively manage Team Members and their execution of Tasks relating to a Property. 

A Property Owner intending to publish and list a Property on the Application in order to benefit from the Services, and correspond with Team Members shall be required to comply with these Terms and Conditions. To benefit from the Services, the Property Owner confirms and represents the following to Host:

• The information provided in the Property Owner’s User Account (as further defined) is relevant, true, current and accurate, to the best of the Property Owner’s knowledge.
• The information provided by the Property Owner in connection with a Property listed on the Application is complete, lawful and does not violate these Terms and Conditions.
• The Property Owner has the required funds to satisfy the payment obligations listed herein.

7.1 Property Fee

Property Owners acknowledge that the Services shall be provided free of charge, however, a fee shall be payable by Property Owners to use the Application and list a Property thereon. The fee payable by Property Owners shall be eight dollars ($ 8.00 USD) per Property listed on the Application (the “Property Fee”). 

The Property Fee shall be deducted immediately after a Property has been listed and linked on the Application. The Property Fee shall be charged per Property listed on the Application by a Property Owner. The Property Fee shall be payable by the Property Owner on a recurring monthly basis, namely, the second (2nd) day of each month, so long as the Property Owner’s Property is listed and linked on the Application.

Should the Property Owner elect to pay the Property Fee through the Application, a service fee shall be charged to the Property Owner. The Property Owner may also elect to pay the Property Fee via Stripe, a third party payment processor. All payments made by the Property Owner are final, and are not subject to refunds 

Except for the Property Fee, there shall be no fees or other compensation due by Property Owners on the Application, save and except for a service fee charged for payments made and processed on the Application.   

6. TEAM MEMBERS

Team Members shall create a User Account on the Application in order to schedule the execution of Tasks, receive compensation for completed Tasks, communicate with a Property Owner by way of chat on the Application, and submit availability on a Property Owner’s calendar.

Team Members shall receive notifications when a Property Owner wishes to secure their services during a predetermined date and time to complete one (1) or more Tasks. Team Members shall ensure the availability submitted on the Application is up to date and current. 

Team Members shall submit their relevant account or payment information, as needed, to receive compensation by Property Owners via the Application. Team Members shall be entitled to the payment of compensation in accordance with the terms provided by the Property Owner for the completion of Tasks, and at the frequency determined by the Property Owner. Unless otherwise indicated by the Property Owner, the Team Member shall be responsible for the payment of any taxes imposed on compensation received for the completed Tasks, such as income taxes and self-employment tax.

7. CREATION OF A USER ACCOUNT

To use the Application and the Services offered thereon, both Property Owners and Team Members shall be required to create a user account on the Application (“User Account”). In the creation of the User Account, the User shall specify the User’s name, email address, role with respect to the Property (whether acting as a Property Owner or a Team Member), and other relevant information. 

Each User Account shall be secured by a password. A User’s username and password shall remain confidential and personal to the User. If any security breach were to occur or in case of a compromised password, the User shall promptly notify Host by email or on the Application. 

Personal data submitted as part of a User Account shall be handled according to Host’s Privacy Policy. Any personal data submitted by a User as part of its User Account shall be true, complete and current to the best of the User’s knowledge. Each User shall be responsible for updating any personal data which becomes outdated, expired or incorrect.

Each User may only access and use its own User Account on the Application. Any usage or access of another User Account on the Application is strictly prohibited and may give rise to sanctions imposed by Host. As such, Host may terminate the offending User’s Account on the Application. 

8. USER ACCOUNT TERMINATION

A User may close or otherwise terminate its User Account at any time by following the instructions on the Application. Host reserves the right to terminate or suspend the Services and/or revoke or terminate a User’s User Account on the Application if the User has breached these Terms and Conditions. Users agree that if Host terminates a User’s User Account on the Application, the User shall waive any recourses or claims it may have or had against Host. The User shall also release Host from all liability in connection with the termination of the User’s User Account.

Host further reserves the right to investigate any potential violations of these Terms and Conditions, applicable laws, regulations or binding terms. Users shall be required to cooperate with Host during any such investigations by submitting all requested documentation and information. 

Ongoing provisions of these Terms and Conditions, including provisions relating to intellectual property, disclaimers and liability, shall remain applicable to a User, even after the termination of its User Account.

9. USER CONTENT AND INTERACTIONS

All Users who created a User Account may publish a profile on the Application, which profile shall contain a brief description of the User. Users may publish content and information on the Application, subject to the obligations contained in these Terms and Conditions. More specifically, Property Owners may publish, post or otherwise share content with their Team Members on the Application. Property Owners may publish content of any nature, except for content is: (i) pornographic, (ii) racist, (iii) unlawful, (iv) violent and/or (v) discriminatory. Host reserves the right to remove any content published on the Application that is noncompliant. 

Property Owners and Team Members may interact with each other on the Application. All interactions between Users on the Application shall be respectful, and compliant with applicable laws and these Terms of Service. Host may access communications between Users to verify that such communications comply with these Terms and Conditions. 

In case of a dispute between Users, Host encourages the Users to attempt to resolve the dispute amicably. At Host’s discretion, Host may, but is under no obligation to attempt to help the Users reach a mutually acceptable settlement of the dispute. If Host elects to intervene, Host does not guarantee that it shall resolve the dispute between Users. Further, Host provides no guarantees or warranties as to the outcome of its intervention, if applicable, and the resolution of the dispute. As a result, Users agree to fully release and discharge Host from all claims, losses, damages, liabilities, obligations, rights, remedies and causes of action of every nature, that the Users have, may have or had against Host arising out of the dispute.

10. PERMITTED AND PROHIBITED CONDUCT

Users agree to comply with the present Terms and Conditions and all appliable laws and regulations when using the Application and benefitting from the Services. Users therefore agree not to use the Application to:

• Violate any law, government order, regulation or policy;
• Damage, hack, or otherwise use the Application in a problematic or harmful manner;
• Transmit viruses, corrupt files or damaging files;
• Transmit spam, advertisements or unsolicited material, such as chain letters;
• Engage in illegal, unethical, fraudulent, malicious or abusive conduct, or encourage others to use the Application for illicit purposes;
• Declare, post or publish known erroneous, false or illicit statements;
• Impersonate an individual, or company, or intentionally mislead others about the User’s true identity;
• Collect personal data from Users of the Application, without obtaining the required approvals and consents;
• Decompile or hack any part of the Application or attempt to decompile or hack the Application or any part thereof;
• Act in a manner that conflicts with the intent of these Terms and Conditions.
  

Users may be held personally responsible for their failure to comply with the guidelines and standards. Further, Users agree that Host may, without liability and without penalty, revoke a User’s right to use the Application or terminate a User’s User Account if the User breached or attempted to breach any provision contained in these Terms and Conditions. 

11. COPYRIGHT INFRINGEMENT

Host complies with all applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). In accordance with the terms of the DMCA, Host encourages Users to report any actual or perceived copyright infringement on the Application to Host’s attention. Any reports of copyright violations shall be handled and processed by Host based upon the requirements of the DMCA.

If a User believes a trademark or intellectual property belonging to such User or to a third party has been published on the Application in violation of a copyright, the User shall notify Host by sending a written notice. The written notice submitted to Host shall include all information required by the DMCA, and shall be duly executed by the User submitting the notice.

If, pursuant to Host’s analysis, Host finds a notice to be founded, Host shall promptly remove the intellectual property or trademark subject to the notice from the Application. If Host determines that the notice is unfounded, Host shall notify the submitting User of the outcome.

If any User infringes the DMCA, Host reserves the right to suspend or terminate the User’s Account on the Application, without liability or notice to the User.

12. INTELLECTUAL PROPERTY

Trademarks, logos and intellectual property relating to Host and the Application are proprietary to Host. Host’s trademarks and logos are protected by copyright laws. Accordingly, Host’s trademarks and logos may not be reproduced or shared without the prior written consent of Host. Users may not use Host’s trademarks and logos for any purpose except to benefit from the Services offered on the Application in accordance with the present Terms and Conditions.

13. THIRD PARTY INTELLECTUAL PROPERTY

The Application may include links to third party websites and apps, including but not limited to Airbnb. To properly identify the third party website or app, images of the third party’s trademark and intellectual property may be published on the Application. Host may publish the logos of the third party website or app, while not having any affiliation to such third party, to allow Users to identify the goods and services associated with such mark. In accordance with United States trademark laws, the publication of the logos of third party websites and apps constitutes nominative fair use. 

14. NO AFFILIATION

Users acknowledge any links to third party website, sites, or apps provided on the Application (the “Sites”) shall be for reference purposes only. The third party links to Sites provided on the Application are independent third parties to Host. 

Users acknowledges that Host is not affiliated with the third party Sites. Unless otherwise stipulated, the inclusion of links to Sites on the Application shall not imply Host’s endorsement of such third party Sites. Host, being unaffiliated with the Sites, cannot provide any warranties or guarantees with the respect to the third party Sites. 

Users’ usage of the links to the Sites on the Application shall be at the sole risk of Users. Users’ usage of a third party Site shall be governed by the terms and policies implemented by the third party Site. Host shall not be a party to any litigation, dispute or claim arising out of a link to a Site, as provided on the Application, or a User’s usage of a Site. 

15. FORCE MAJEURE

Force Majeure events consist of unforeseeable, uncontrollable and irresistible events. Examples of Force Majeure events are government orders, epidemics, labor strikes, wars, acts of God, tornados, hurricanes and other natural disasters. Host shall not be responsible for any failure to perform its obligations due to a Force Majeure event. During a Force Majeure event, Host’s obligations under these Terms and Conditions shall be suspended, until the Force Majeure event has ceased, and been completely resolved, as confirmed by Host. 

If the Force Majeure event extends beyond thirty (30) days, Host may elect to cease performing its obligations on a permanent basis, without compensation or liability to Users.

16. DISCLAIMERS AND WARRANTIES

The Application and the Services shall be provided and offered “as is” and “as available”, without warranties or guarantees of any kind. Without limiting the generality of the foregoing, Host is unable to guarantee that the Services shall be provided without interruption, error or omission. 

Users acknowledge that technical issues may cause the Application to freeze, delay, crash or negatively impact the device used to access the Application. Host shall not be responsible for any technical issues caused by the device used to access the Application. Moreover, Host is unable to guarantee that any technical issues shall be promptly remedied or remedied at all. 

Users recognize that communications held over the Internet are never fully secure. Users further acknowledge that there are a number of risks associated with using an Internet-dependent platform, such as the Application. Consequently, Users agree that their usage of the Application and the Services shall be at Users’ sole risk and expense, to Host’s full exclusion.

17. LIABILITY

Host shall not be liable for indirect, incidental, punitive, special or consequential damages, losses, fines, claims or damages of any kind in connection with the Application and the Services, including but not limited to missing Tasks on the Property Owner’s calendar, incomplete or missing events from calendars on the Application, loss of income, and failure to remit or otherwise receive payment within a timely delay. 

Host shall not be liable for any negative consequences or adverse effects resulting from the misuse of the Application, or unauthorized access thereto. The foregoing exclusions of liability shall apply regardless of whether the liability is based upon strict liability or another theory of law.

In consideration of the above, Users acknowledge that Host disclaims liability relating to the download and usage of the Application, the Services and the content provided on the Application. 

18. INDEMNIFICATION

To the fullest extent permitted by law, each User agrees to indemnify and hold Host, its affiliates, directors, officers and employees harmless from and against all losses, damages, liabilities, fees, penalties, costs, and expenses in connection with any claims, lawsuits, proceedings, motions or suits arising out of (i) the User’s gross negligence, or willful misconduct, (ii) the User’s misrepresentation or breach of warranty, (iii) the User’s failure to comply with these Terms and Conditions, (iv) the User’s failure to comply with applicable laws, orders or regulations and/or (v) the User’s usage of the Application and the Services offered thereon.

19. UPDATES 

Host reserves the right to update these Terms and Conditions, in full or in part, at Host’s sole discretion. The most recent version of these Terms and Conditions shall be published on the Application. The Terms and Conditions published on the Application shall specify the date of their latest update.

Any updates to these Terms and Conditions shall be effective as of the publication of the updated Terms and Conditions on the Application. Any usage of the Application by Users following the publication of the updated Terms and Conditions shall constitute Users’ agreement to be subject to the updated Terms and Conditions. Users shall be bound by the latest version of these Terms and Conditions. 

20. PERMITTED ASSIGNMENT 

Host may assign any of its obligations, or rights provided under these Terms and Conditions, in whole or in part. Host further reserves the right to delegate or subcontract any obligations specified in these Terms and Conditions to a third party, at Host’s discretion. Users may not assign any rights or obligations provided under these Terms and Conditions, except with Host’s prior specific written permission.

21. ENTIRE AGREEMENT

The present Terms and Conditions, including any policy referenced herein, constitutes the entire agreement between Host and the Users with respect to the subject matter contemplated in these Terms and Conditions. Users acknowledge that the latest version of these Terms and Conditions supersedes prior negotiations and agreements between Host and Users.

22. NO WAIVERS

If Host does not insist upon the execution of any obligation contained in these Terms and Conditions, this shall not serve as a waiver of Host’s rights nor shall it relieve Users of their obligations pursuant to these Terms and Conditions. Moreover, if Host delays, suspends or fails to exercise its rights under these Terms and Conditions, this shall not operate as a waiver of Host’s rights.

23. SEVERABILITY

If any term or section in these Terms and Conditions is held to be unenforceable or unlawful, the term or section shall be severed, and shall not affect the validity and enforceability of the remaining provisions in these Terms and Conditions.

24. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions, any claim under these Terms and Conditions, the provision of the Services and/or any matters relating to the Application shall be governed by the laws in force in the State of California, without regard to any conflict of law principles. These Terms and Conditions and all matters arising out of these Terms and Conditions shall be interpreted according to the laws of the State of California.

Any claim, dispute or other conflict arising out of or relating to these Terms and Conditions (collectively referred to as “Disputes” and each, a “Dispute”) shall be resolved by courts or arbitration, at Host’s discretion.

Any arbitration proceedings shall constitute individual arbitration, and not class arbitration. Prior to any court or arbitration proceeding, Users shall apply their best efforts to resolve the Dispute amicably by good faith negotiations. Users agree to cooperate with Host, and any reasonable offer submitted by Host to resolve the Dispute.

25. CORRESPONDANCE

Host welcomes questions, comments and inquiries regarding the Application or these Terms and Conditions. Users may send such questions, comments and inquiries by email (support@hostmanagement.app) or on the Application.